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VISHAL MISHRA
Vishnu Kumar – Appellant
Versus
State of M. P. – Respondent
JUDGMENT :
Vishal Mishra, J.
1. In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this petition has been heard and decided through video conferencing to maintain social distancing.
2. With the consent of the parties, the matter is finally heard through Video Conferencing.
3. This present miscellaneous petition under Article 227 of the Constitution of India is being challenging the order dated 26.06.2020 passed by the Additional Commissioner, Chambal Division, Morena, order dated 24.09.2016 passed by the S.D.O. (Revenue), Gohad and order dated 13.04.2016 passed by the Tahsildar, Gohad, whereby revision and appeal filed by the petitioners has been dismissed and the petitioners' entries made in the revenue record is directed to be changed in the name of the State Govt. and is directed to be recorded.
4. It is alleged that with respect to the properties in question, earlier the civil suit was filed by the petitioners against the respondent/State which was registered as Civil Suit No. which was decided vide judgment and decree dated 20.06.2014 in favour of the petitioners
The revenue authorities are bound by the orders of the civil courts, and quasi-judicial authorities must provide cogent, clear, and succinct reasons in their decisions.
Point of Law : This is not a fit case where any of the exceptions stands attracted requiring interference in exercise of powers under Article 226 of the Constitution of India.
The scope of judicial review is confined to decision making process and not the decision per se.
The court reaffirmed that unauthorized changes in land records without due process violate principles of natural justice and cannot substantiate claims of ownership less than legal title.
The main legal point established in the judgment is that mutation on the basis of a Will is not maintainable and falls within the domain of the civil court. Revenue authorities have a duty to ensure ....
Jurisdiction of revenue authorities is limited to statutory procedures; unauthorized actions based on invalid orders do not confer legal rights over property.
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